Credit Ron Edmonds/Associated Press |
Antonin
Scalia, dead unexpectedly this weekend at 79, was not the most
politically powerful justice during his three decades on the Supreme
Court. That distinction belonged to the court’s two swing votes, Sandra
Day O’Connor and then Anthony M. Kennedy, respectively the philosopher
queen and king of our fraying republican order.
Unlike
them, Scalia did not have the opportunity to write all his preferences
into the law of the land. For every victory he won, there was a sharp
defeat; for every important majority opinion a stinging, quotable
dissent. And on the issues he cared the most about – abortion, above all
– his defeats were famous and his dissents often not just eloquent but
anguished.
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